Sens. John Morse, Angela Giron recall elections set for Sept. 10

By Kurtis LeeThe Denver Post

Posted:
07/18/2013 01:18:11 PM MDT

Updated:
07/19/2013 05:20:52 AM MDT

District Court Judge Robert Hyatt ruled petitions submitted to recall two Democratic lawmakers are valid on July 18, 2013, setting in motion the first-ever recall election of a state lawmaker in Colorado history. (RJ Sangosti, The Denver Post)

A Denver judge Thursday ruled petitions submitted to oust a pair of Democratic senators from office are valid, a pivotal ruling that sets in motion Colorado's first-ever recall election of state lawmakers.

"The petitions here substantially comply with law," Denver District Court Judge Robert Hyatt said in his oral decision from the bench. "Recalls are a fundamental right of Colorado citizens."

Shortly after Hyatt handed down the decision Thursday, Democratic Gov. John Hickenlooper signed an executive order to set the recall election date of Senate President John Morse of Colorado Springs and Sen. Angela Giron of Pueblo for Sept. 10.

Both are the targets of recalls by constituents for their support of stricter Colorado gun laws implemented this month.

"It's a great day for the people of Colorado," said Jennifer Kerns, a spokeswoman for organizers who spearheaded the recall efforts. "Sens. Morse and Giron have had their day in court, and now it's time to move forward with the recall elections."

And though Mark Grueskin,the attorney for the lawmakers, indicated he might appeal Hyatt's decision to the Colorado Supreme Court, Morse and Giron later released a joint statement saying that they would not appeal Hyatt's decision.

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"I have dedicated my life to public service. I look forward to this election," Morse, who is term-limited in 2014, said in a statement. "I have already been elected twice, I am excited by the prospect of being elected a third time."

For weeks, proponents of the recalls have said the state lawmakers are attempting to "log-jam" the process.

On Wednesday, Hyatt, who has issued prior rulings that have shaped the state's political landscape, heard hours of testimony from witnesses and arguments from attorneys in a cramped courtroom with people seated shoulder to shoulder.

Attorney Mark Grueskin speaks to District Court Judge Robert Hyatt after he made his ruling, July 18, 2013. Judge Hyatt ruled petitions submitted to recall two Democratic lawmakers are valid, setting in motion the first ever recall election of a state lawmaker in Colorado history. (RJ Sangosti, The Denver Post)

Grueskin argued that petition gatherers failed to follow certain constitutional basics in removing elected officials from office when they gathered more than enough signatures to spark recall elections. Constitutional language related to a successor was absent from the petitions, and Grueskin said that should nullify the petitions and stop any recall election.

Hyatt's ruling Thursday pointed out that the templates used by petitioners date back several years and span Democratic and Republican secretaries of state.

"The form used not only fully complied with the secretary of state, but in the court's opinion it complied with the Colorado Constitution," Hyatt ruled. "The court does give great weight that petitioners made a good-faith effort to comply with law. "

Earlier this month, Republican Secretary of State Scott Gessler's office ruled against Grueskin and said proponents of the recalls had met all requirements in gathering signatures — giving the green light to the recalls.

County clerks from El Paso and Pueblo counties have estimated the special elections will cost taxpayers between $150,000 and $200,000.

In total, Second Amendment activists tried to recall four Democratic state lawmakers because of their gun votes. But signature-gathering efforts against Sen. Evie Hudak of Westminster and Rep. Mike McLachlan of Durango failed.

"It was an unexpected result," Kjersten Forseth, a consultant to a group backing Morse, said after Thursday's court ruling.

Morse, whose El Paso County district is much more competitive than Giron's Democrat-leaning district, is most vulnerable. El Paso County Republicans — with the support of the state Republican party — have decided former Colorado Springs City Councilman Bernie Herpin will challenge Morse.

By law, Morse could resign his seat in the next 10 days and have a Democratic vacancy committee appoint a person to fill it, a move that would ensure the party holds the seat until 2014.

"No," Forseth said emphatically when asked about Morse resigning. "He will not."

Legislative recall

Why it's happening: Votes by Senate President John Morse and Sen. Angela Giron for gun-control measures during the recent General Assembly session prompted opponents to gather signatures, which were deemed valid Thursday.

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